Fed. Circ. USPTO grills on twice-returned Nike IP ax

By Britain Eakin (August 1, 2022, 9:49 p.m. EDT) – A Federal Circuit panel asked a lawyer for the U.S. Patent and Trademark Office on Monday whether the Patent Trial and Appeal Board had committed a error in a twice-returned final decision that again declared Nike’s shoe stitching patent invalid in a long-running dispute with Adidas AG.

The questioning took place during a hearing on Nike’s third appeal of the 2012 inter partes examination of the patent, which involves knitting techniques for the upper parts of the shoe. Nike argued that the PTAB violated federal law and flouted Federal Circuit precedent by letting Adidas off the hook for bearing the burden of persuading that an amended request…

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Darryl A. Chapin